136 Ala. 131 | Ala. | 1902
It is settled law in this State as well as many other jurisdictions that sureties on a bail bond can only be discharged from liability by the appearance of their principal according to the condition of the recognizance or by some intervening act of God, or of the law of the State, or of the obligee which renders the performance of that condition impossible. — Cain et al. v. State, 55 Ala. 170; State Crosby, 114 Ala. 11; 2 Am. & Eng. Ency. Law, 717; Tylor v. Taintor, Treasurer, 16 Wall. (U. S.) 366; Piercy et al v. The People, 10 Bradwell (Ill. App.), 219; Devine v. State, 5 Sneed (Tenn.), 623.
Affirmed.